and that the defendant has a defence on the merits, rehear the action on such terms as it thinks fit.

159. If at any trial or at any continuation or adjournment the plaintiff does not appear, and the defendant does appear, and does not admit the plaintiff's claim, the Court may in its discretion dismiss the action and award to the defendant costs in the same manner and to the same amount as if the action had been tried, but no hearing fee shall be charged.

160. When an infant defendant appears at the trial, and names a person who then consents to act as guardian, such person shall be appointed guardian accordingly; but, if the defendant does not name a guardian, the Court may appoint any person in Court willing to become a guardian, or, if there is no such person, the Court shall appoint the Registrar to be guardian, and the name of the guardian so appointed shall be entered, and the action shall then proceed, but no responsibility shall attach to any person appointed guardian at the instance of the Court.

161. When at the trial it appears that an action by the same plaintiff for the same cause is pending in any other Court, whether within or without the jurisdiction, the Court shall order the action to be struck out unless the plaintiff undertakes to discontinue the action in the other Court before a certain date to which the trial shall be adjourned, and if the action in the other Court has not been discontinued by that date, the action shall then be struck out.

162. At the trial the Court may try the whole matter of the action and give judgment thereon, or grant any relief, redress, or remedy, or may make any order and give any direction it may consider necessary to enable it to give a final judgment upon a future day (to which the trial shall be adjourned), and may also make such order as to costs as shall be authorized by these Rules and as the Court may think fit.

163. When at the trial the Court considers that the action cannot be adjudicated upon by reason of all the proper parties not being before the Court, it may order such parties to be made plaintiffs or defendants upon such terms as to adjournment notices and costs as it shall think fit.

164. When two or more defendants are joined, and judgment is given separately against each with costs, the costs shall be apportioned according to the respective amounts of each judgment, unless the Court shall otherwise order.

165. When a set-off or counter-claim is established against a plaintiff's claim, the Court may, if the balance is in favour of the defendant, give judgment for the defendant for such balance, or may adjudge to the defendant otherwise such relief as he may be entitled to on the merits of the case.

166. When an action is dismissed under Rule 159, the plaintiff shall be at liberty to commence a fresh action on such terms as to payment of costs and otherwise as to the Court shall seem fit.

Amendments.

167. The Court may at any stage of the proceedings, and in such manner and on such terms as may be just, allow all such amendments to be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

168. If a party who has obtained leave to amend does not amend accordingly within the time limited for that purpose, or, if no time is specified, within eight days from the date of the order, the order shall become ipso facto void, unless the Court shall think fit to extend the time.

169. Whenever any document is amended it shall be marked with the date of the order of amendment, and of the day on which the amendment is made, in manner following, viz. :

170. Whenever any document is amended, such amended document shall be delivered to the opposite party within the time allowed for the amendment, and when the document is one which is required to be filed, the amended document shall be filed also in the same manner.

Judgments and Orders.

171. All orders of adjournment or for the payment of costs, and all judgments for the payment of any debt or damages or costs, shall be entered by the Registrar in the action book; but all special judgments or orders in the nature of Decrees shall be settled by the Court, and shall be sealed with the seal of the Court, and filed with the rest of the documents in the action or matter, and the Minute of the filing, with an abstract of such judgment or order and the date thereof, shall be entered in the action book.

172. Orders for payment of money or costs, or both, and orders of adjournment, when directed to be served, shall in all cases be prepared by the Registrar, and, unless the Court shall otherwise order, shall be delivered to the Marshal, who shall immediately send them to the parties on whom they are directed to be served. But it shall not be necessary for a party in whose favour any order has been made to prove, previously to his taking proceedings thereon, that it has reached the other party.

173. In the case of interlocutory orders, or where the Court gives leave to take any proceedings, no order shall be drawn up, but

a Minute of the order, explaining its nature, shall be made in the action book.

174. Every order for the payment of money shall state a date on which that payment is to be made; and where it is for the payment of any sum by instalments, the date for the payment of each instalment shall be stated in the order, and all such payments shall be made into Court, unless the Court in its order shall otherwise direct; and when any date for the payment of money shall fall on a day appointed for the offices of the Court to be closed, the sum payable on such date shall fall due and become payable on the working day next immediately following.

The Registrar shall give notice to the plaintiff of every payment made into Court, but such notice need not be given when the sum paid does not exceed 108.

175. In any action or matter in which an injunction has been or might have been claimed, the plaintiff may, before or after judgment, apply for an injunction to restrain the defendant from the repetition or continuance of the wrongful act or breach of contract complained of, or from the commission of any wrongful act or breach of contract of a like kind relating to the same property or right, or arising out of the same contract; and the Court may, in addition to giving judgment for such damages and costs as the plaintiff may be entitled to, grant the injunction, either upon or without terms, as may be just.

176. Where a judgment or order directs any deed to be prepared and executed, it shall state by what party the deed is to be prepared, and to whom it shall be submitted for approval; and if the parties cannot agree upon the form of it, the Court may, upon the application of either party, either settle the deed itself, or name a competent person by whom the deed shall be settled, subject to the final approval of the Court.

177. Where an order directs any personal property to be sold, it shall be sold by public auction, under the superintendence of the Marshal, unless the Court shall otherwise direct.

178. When a judgment or order directs that any account be taken or inquiry made, such account shall be taken and inquiry made by such person as the Court shall direct; and all parties shall have the same power of summoning witnesses, including as witnesses any party in the action, and of examining them on such accounts or inquiries, and of compelling the production of documents, as they would have upon the trial of an action; and all such Rules as to summoning, swearing, and examining of witnesses, and the production of documents at the trial, shall be applicable (so far as may be) to the summoning, swearing, examining, and production on taking any such accounts or prosecuting any such inquiries.

179. Where an order is issued for making inquiries or taking accounts, the Registrar shall direct all parties entitled to attend at the appointed place for the purpose of proceeding with such inquiries or accounts, by summons returnable not less than three days after date; and upon the day appointed, and at any adjourned sitting, the person appointed shall sit at the time and place appointed, and hear all parties interested, their counsel or solicitors.

180. Where an order directs accounts to be taken, any book of account in which the accounts required to be taken, or any of them, have been kept shall, unless the Court shall otherwise direct, be taken as primâ facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objection thereto as they may be advised.

181.-(1.) Where the Registrar or any other person has been ordered to certify to the Court on any matter, he shall present to the Court a certificate in writing signed by him; such certificate shall be prepared seven days before the day appointed for presenting the same, and the Registrar shall give notice to all parties to the action that the certificate lies in his office for the inspection of any parties interested therein or affected thereby; and he shall deliver a copy thereof to any person requiring the same, upon payment of the costs of such copy, at the rate of 4d. per folio of seventy-two words.

(2.) Where any person interested in or affected by the certificate of the Registrar or person appointed under Rule 178 desires to have the same varied, he shall apply to the Court on the day appointed for presenting the certificate; and the Court shall thereupon hear and determine such application, and shall confirm or vary the certificate, and make such further order thereupon as it may think fit.

(3.) If no application shall be made to vary the certificate, it shall be confirmed by the Court, unless the Court thinks fit to otherwise order.

182. Where the Registrar, Marshal, or any other person, has by any order been directed to do any act, and it may be found necessary to have further directions or an order of the Court for carrying the same into effect, the Registrar shall apply to the Court for such direction or order, and thereupon the Court may give such directions or make such order as it may think fit, or may appoint a time to hear all parties upon the Registrar's application; and if the Court shall make such appointment for hearing, it shall operate as a stay of proceedings in the action until the day so appointed, if the Court shall so direct.

Enforcement of Judgments and Orders.

183. When a person against whom a warrant of arrest is issued cannot be found, or, being in custody, refuses or neglects to comply with the order made against him, a warrant of sequestration may be issued against his goods on the application of the other party.

184. When a defendant has made default in payment of the amount awarded by the judgment, or of any instalment thereof, a warrant of execution may issue without leave of the Court for the whole amount of the judgment and costs then remaining unsatisfied, unless, in the case of instalments, the Court shall otherwise specially direct.

185. The Registrar shall indorse on every warrant of execution the amount to be levied, distinguishing the amount adjudged to be paid and the amount of the fee for issuing the warrant, and shall prepare and deliver to the Marshal a notice in the proper form, and the Marshal, when he levies, shall deliver such notice to the party against whom the execution has been issued, or leave it at the place when the execution is levied.

186. Every warrant of execution against the goods shall bear date on the day on which it was issued, and shall continue in force for twelve calendar months from such date, and no longer.

187.-(1.) Every judgment summons under Article 87 of the principal Order shall be issued and be served personally five clear days at least before the day on which the judgment debtor is required to appear, except in the case provided for by sub-section 2 of this Rule.

(2.) Where the applicant shall state to the Registrar that the judgment debtor is about to remove from his dwelling or place of business, or is keeping out of the way to avoid service, then the judgment summons may be issued and served at any time before the hearing. But the Court shall not act upon a summons issued under this Rule unless at the hearing it is satisfied by evidence on oath that at the time of the application the facts were as stated by the applicant.

(3.) A judgment summons may issue without leave of the Court, except where the judgment is more than six years old.

(1.) The hearing of judgmeat summonses may be adjourned from time to time.

(5.) Upon the issue of a judgment summons against a party, the Marshal shall return into Court any warrant of execution against the goods of such party which may have been issued in the action.